The Indiana Law Blog linked to an interesting article in the New York Times on the push to “re-regulate” the electric industry in some states where “deregulation” was attempted.
I remember the deregulation efforts fairly well because that was one of the areas to which I was assigned when I worked for the Legislative Services Agency. The electricity deregulation bills would usually cross my desk at some point or another. I was staff counsel for the Regulatory Flexibility Committee where the proposals would usually get banished for study over the summer. In Indiana, I believe the push for deregulation of the electric industry failed in large part due to sentiments I remember being expressed by Rep. Dave Crooks. He didn’t want to be the guy responsible for raising electricity prices for the folks back home. Indiana was, after all, already one of the lowest energy markets in the country — even if the lobbyist from Enron, along with others, was telling the General Assembly that deregulation of the energy market was the way to get even cheaper energy. I also recall Rep. Jim Bottorff playing a pretty active roll in bottling the deregulation proposals up in the House Commerce Committee. I may be wrong, but I seem to recall the folks from the Indiana Manufacturers Association were pretty keen on the idea of deregulation as well.
Apparently the states that didn’t have enough guys like Rep. Crooks and Rep. Bottorff are having a little buyer’s remorse.
More than a decade after the drive began to convert electricity from a regulated industry into a competitive one, many states are rolling back their initiatives or returning money to individuals and businesses.
. . .
Of the 25 states, and the District of Columbia, that had adopted competition, only one, California, is even talking about expanding market pricing.The main reason behind the effort to return to a more regulated market is price. Recent Energy Department data shows that the cost of power in states that embraced competition has risen faster than in states that had retained traditional rate regulation.
One of the main problems seems to be that there wasn’t any real competition in the markets. The Federal Energy Regulatory Commission has a laughable approach to determining “market prices”:
The Federal Energy Regulatory Commission, however, has declared that once it determines that a market for electricity is in place, the prices that result are inherently market prices.
Marily Showalter, a former Washington State energy regulator has calculated from government data that the total real cost to consumers in states with “competition” was $292 billion in higher electricity prices since 2000.
There were good reasons for regulating energy companies in the first place. Apparently those reasons haven’t entirely disappeared over the past 70 years.